Lord Simonds.-

This appeal concerns a question of great importance to sections of the Muslim community in India and has been anxiously considered by their Lordships. In the year 1941 the appellant, Syed Asrar Ahmed, instituted a suit in the Court of the District Judge, Ajmer-Merwara, against the respondents, the Durgah Committee Ajmer, whose status will be explained, claiming a declaration that the office of Mutawalli of the Durgah Khawaja Sahib Ajmer was hereditary in his family and that the respondents were not competent to question his status as a hereditary Mutawalli in succession to the last holder of that office. The District Judge on 31-7-1912, made a decree in his favour but upon appeal to the Court of the Judicial Commissioner, Ajmer, Merwara, this decree was on 23-2-1944, reversed. Hence this appeal.

[2] The background of historical fact can be conveniently taken from the careful judgment of the Judicial Commissioner. From this it appears that the Durgah Khawaja Sahib Ajmer, sometimes called the Durgah Moinuddin Chisti, is universally admitted to be one of the most famous, if not the most famous Mahommedan shrine in India. The foundation is not only very ancient, but the sh